Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46207 of 2018 Applicant :- Vijay Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Srivastava,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the charges has already been framed by the trial court and the case is being listed for evidence since 14.11.2018. As yet been none of the prosecution witnesses have appeared and time is being sought for producing the witnesses repeatedly. Certified copy of the order sheet of the court below has been placed before this court which is taken on record. From the medical report there is no clear indication of the alleged offence. The doctor has only stated that the possibility of sexual assault cannot be ruled out. The victim is aged about 18 years as per own admission of the victim in the FIR, in her statement under Sections 161 Cr.P.C. and 164 Cr.P.C. From the medical report her age has been found to be about 14 years. Keeping in view the fact that the prosecution is delaying the evidence before the trial court the applicant may be enlarged on bail. The applicant is in jail since 30.07.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove and the material brought on record, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Vijay, be released on bail in Case Crime No. 399 of 2018, under Section- 376 IPC & Section 3/4 Protection of Children from Sexual Offences Act, Police Station- Kosi Kalan, District- Mathura, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court has directed to conclude the trial within one year.
Order Date :- 31.7.2019 Rohit